Thread: Judge: Brian Terry's parents don't merit victim status

January 19, 2012

Tim Steller, Arizona Daily Star



A judge said Wednesday the parents of slain Border Patrol agent Brian Terry haven't shown they qualify as victims in the case against the man accused of providing guns to the perpetrators of the killing.

U.S. District Judge James A. Teilborg, clearly tiring of the continuing arguments on this issue, gave the Terrys one more chance to file more evidence.

"The Court is prepared to find on this record that the Terrys failed to meet their burden of showing that they are victims as defined by the Act," he wrote in an order (attached) filed Wednesday.

The Terrys have been seeking classification as victims under the Crime Victims Rights Act in the case against Jaime Avila Jr. and others. Those defendants are accused of illegally buying guns in the Phoenix area for criminal groups in Mexico.

Josephine and Kent Terry, who are divorced, will likely be classified as victims in the separate case against those accused of murdering their son on Dec. 14 2010 west of Rio Rico.

Two assault-type rifles found at the scene of the killing had been purchased by Avila at a Phoenix-area gun shop in January 2010.

On Aug. 1, the attorneys for the Terry asked that they be classified as victims in the case (see this story). That would have obligated the government to keep them informed of hearings and any possible release of the defendants, as well as assuring them a chance to speak at sentencing hearings, among other obligations.

But Assistant U.S. Attorney Emory Hurley, the prosecutor who had led Operation Fast and Furious, opposed the parents' request. When the case was transferred to prosecutors in San Diego, they promised to provide all the required information to Terry's parents, but they also opposed their classification as victims.

Under federal law, they argued, the victims must be directly harmed by the criminal conduct charged, and that isn't the case in the Avila prosecution.

"The offenses charged against Defendant Avila are regulatory offenses; the conduct underlying any potential conviction would be the false representations Avila made in order to secure the purchase of the firearms, and do not include the act of murder," they said in a September filing.

Teilborg told Terry's lawyers to provide one more filing, and said prosecutors could give one more response, adding "this will be the parties' lastopportunity to elaborate on their positions."


One Old Vet

Judge: Brian Terry's parents don't merit victim status

Would the judge make the same ruling if his own son had been brutally murdered in cold blood? Where is the outrage from law enforcement on this?

This is all a result of U.S. BREAKING Mexican Law's; U.S. Law's and INTERNATIONAL Laws

This was MANSLAUGHTER of a Federal Agent

the Department of Justice
- Bought those weapons with U.S. Dollars
- Gave them to the Mexican Cartels (Some of the most Ruthless people on this planet)

how is the Government not Liable

the Department of Justice under Obama's Rule's
- Bought the gun

and as far as I am concerned
- Loaded it
-aimed it
- pulled the trigger

not only was this brave warrior killed; the government is saying there is no recourse to stop this from ever happening again

-MANSLAUGHTER of a Federal Agent
- 30,000 Plus Mexican Citizens are dead
- 2,000 plus Sniper Rifles / Military grade Assault Rifles were given to Murderous drug gangs; enough to arm a heavy U.S. Army Infantry Brigade

1. Quite a few people are going to prison and I'm Praying that its not just the little fish that did the dirty deeds to protect the real master minds in the cabal

2. Fire that Pathetic Judge... put his ass in the unemployment line. Corrupt Officials should not be living off of tax payer dollars

3. This will be fixed; for the country and the family